By accessing or using our website hosted at www.brownandstreza.com and any other online or mobile services or applications provided by us that link to these Terms (each a “Site” and collectively “Sites”), whether as an unregistered guest or a Registered User, you agree to be bound by all of the terms and conditions contained in these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE ANY OF OUR SITES. In addition, if you affirmatively become a Registered User of certain services offered on our Sites, during the registration process (and from time to time as we may require) you may be prompted to click a button indicating your acceptance of terms and conditions, clicking on such acceptance button will further confirm your agreement to be legally bound.
2. Access Rights to our Sites
Our Sites are generally divided into two broad categories, which differ by access rights as follows: (i) an area of our Site that is publicly accessible to all users (without login credentials) (the “Main Site”); and (ii) certain Sites (or areas of a Site) that require login credentials and are password-protected (each such Site, a “Protected Site”). Each Protected Site is created, individualized for, and made accessible only to users who have registered and obtained login credentials authorized by us (a “Registered User”). If you are a Registered User, you agree to accurately maintain and update any information you have provided to us. In addition, if you are a Registered User, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use any of our Sites on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breach related to the Sites. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the Sites.
3. Your Rights with Respect to the Sites
3.1 Grant of Rights Applying to All Site Users. Subject to your compliance with these Terms, we grant you the right to access and use all areas of the Main Site on any computing device you own or are authorized to use for purposes of (i) learning about our services; (ii) registering to receive informational alerts from us; (iii) registering for presentations and other events we may from time to time sponsor; and (iv) exchanging information via any Protected Site for which you are an authorized Registered User, in accordance with the functionality provided by that Site. In addition, we grant you the right to make copies of a reasonable amount of the Content from our Main Site (or Content which is solely informational in nature on any Protected Site), and circulate to interested parties copies of such material, provided that (a) you use and take reasonable steps to ensure that others with whom you share copies use them solely for the purposes described above, and (b) you retain on such copies any trademarks, copyright notices or other proprietary notices as they appear on our Sites.
3.2 Grant of Rights to Registered Users. In addition to those rights set out in Section 3.1 (Grant of Rights Applying to All Site Users), and any rights outlined in any Supplemental Terms, subject to your compliance with these Terms, Registered Users have the following rights with respect to information and materials hosted on a Protected Site: (i) where you and Brown & Streza are each a party to an attorney-client relationship, you hold those rights in Brown & Streza work product accessible on such Protected Site as are set forth by ethics rules applicable to the attorney-client relationship; and (ii) where the you are not a Brown & Streza client (or Brown & Streza work product is not involved), you are granted such rights from Brown & Streza in the available materials on such Protected Site as are necessary to accomplish the intended purpose of the Protected Site.
3.3 Ownership of Content on the Sites. All right, title and interest in and to the textual website content, names, logos, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the “Content”) are owned either by Brown & Streza, or by our respective third-party authors, developers and/or vendors. For the avoidance of doubt, Content shall not include attorney-client work product hosted on any Protected Site. Except as provided in these Terms or with the express written permission of Brown & Streza, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on any of the Sites shall be construed to confer any license under any of Brown & Streza’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Brown & Streza. Any use of our Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the rights granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws, and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Brown & Streza or any third party, whether by estoppel, implication or otherwise. The rights granted herein are revocable at any time.
3.4 User-Submitted Content. You are responsible for any information, text, images, videos or other materials or content that you post or transmit through our Sites (“User Content”). You agree, represent and warrant that any User Content you post or transmit through our Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through a Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s), excepting only copyrighted material use for a limited and “transformative” purpose under the doctrine of “fair use”. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. We do not want you to, and you should not, send any confidential or proprietary User Content to us on or through a Site unless specifically requested by us. Please note that any unsolicited User Content sent to us will not be deemed to be confidential or proprietary. We do not claim ownership of any User Content submitted to us, however, by submitting User Content, other than personally identifiable information, you represent that such User Content is submitted to us based on legal principles of “fair use” for which no license or further permission for use is required, or otherwise grant to us (or warrant that the owner of such User Content has expressly granted to us) a royalty-free, perpetual, irrevocable and unrestricted right and license to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
4. Restrictions and Prohibitions with Respect to the Sites
While using the Sites, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use any Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Sites or any other user’s use of the Sites. In addition, we expect users of the Sites to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate these Terms:
Sell, re-sell or commercially use any portion of any Site or its Content without the prior written consent of Brown & Streza.
Distribute, publicly perform or publicly display any Content.
Modify or otherwise make any derivative uses of a Site or its Content, or any portion thereof.
Use a Site to stalk, threaten, or otherwise violate the rights of others, including without limitation, others’ privacy rights or rights of publicity.
Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
Seek to obtain access to any materials or information through “hacking” or through any other means that we have not intentionally made available to you through a Site.
Use any data mining, robots or similar data gathering or extraction methods.
Use any Site in a manner that could disable, overburden, or impair such Site or interfere with any other party’s use and enjoyment of a Site.
Transmit materials through a Site that you know or should know contain viruses, Trojan horses, worms, malware, exploits, root kits, keyloggers, malicious software, or other computer code that is intended to damage or detrimentally interfere with any system, data, or personal information.
Interfere with a Site or servers or networks used in connection with a Site.
Use any Site (or its Content) other than for their intended purposes.
The Brown & Streza logo, and any other Brown & Streza product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Sites are the property of Brown & Streza or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in a Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Brown & Streza or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is prohibited. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
6. Linked Third Party Sites
Our Sites may contain links that reference links to third-party websites. We have not reviewed all of the websites linked to the Sites and are not responsible for the content of any third-party pages, any other websites linked to the Sites, or any products or services offered by third parties linked to the Sites. Nothing in the Sites, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Brown & Streza. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Brown & Streza reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Brown & Streza. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
BROWN & STREZA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE SITES OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE SITES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS. BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES. NOTWITHSTANDING THE FOREGOING, WE DO NOT DISCLAIM IN ANY MANNER THE CONTENT OF ATTORNEY-CLIENT COMMUNICATIONS ACCESSIBLE VIA THE PROTECTED SITES.
8. Limitation of Liability
BROWN & STREZA AND EACH OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE ANY OF THE SITES, THE CONTENT OF ANY SITE, LINKS TO OR OFFERED FROM THE SITES, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, OR FAILURES OF COMMUNICATION OR COMPUTER EQUIPMENT. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH YOUR USE OF ANY OF THE SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. NOTWITHSTANDING, IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS EVER FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASEES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS.
You agree to indemnify, hold harmless, and defend Brown & Streza and its Releasees from and against any and all losses, damages, liabilities, and costs (including reasonable attorneys’ fees) resulting from any third-party claim, suit, action or proceeding relating to or arising from your breach of any of these Terms, your activities in connection with all of the Sites, and/or any unsolicited information provided to us through any Site.
10. Consent to Communication
If you are under the age of majority in your home jurisdiction, please do not use or access our Sites. It is not our intention to collect or use personal information from anyone under the age of majority, and we will not knowingly do so. If we are made aware that we have collected any personal information from minors, and are asked to delete such information from our databases, we will promptly do so.
12. No Legal Advice
The material on the Main Site (and the informational material on any Protected Site) is intended only as background material for general informational purposes. Such material does not constitute legal advice. Such material may not apply to your specific situation or may be incomplete. Although we may update certain information on the Sites, some of the information may become outdated over time. You should not act or rely on, nor are you authorized to treat any informational material on any of the Sites as legal advice. Before acting or delaying action, you should first seek the advice of an attorney qualified in the applicable subject matter and jurisdiction.
13. No Tax Advice (Circular 230)
Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. The information presented on the Site does not meet those requirements and is not intended to constitute a complete analysis of all tax considerations. Accordingly, such information is not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending to another party any tax-related matters.
14. Attorney Biographies
The attorneys listed on this website are licensed only in the jurisdictions noted on their individual biographies as listed on the Site. No attorney is certified by any jurisdiction as a certified specialist in any area of law unless such attorney is expressly so listed in his or her biographical site. Prior results do not guarantee a similar outcome.
15. Modifications to the Site
We reserve the right in our sole discretion to temporarily or permanently modify, suspend or discontinue the Site (or any features or parts thereof) at any time.
16. Revisions to these Terms
These Terms may be revised at any time for any reason, and Brown & Streza may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Site by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable data protection law, by continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated by reference. We strongly recommend you periodically review these Terms as you access and use the Site.
17. Governing Law and Jurisdiction
These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of California, in the United States of America, including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such state. The exclusive forum for the resolution of any dispute relating to these Terms shall be in the state and federal courts located in Orange County, California, United States of America, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.
18. Limitations Applicable to International Users
Brown & Streza operates the Site from the United States of America for use by persons located in the United States. Brown & Streza makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own risk and initiative and are responsible for compliance with all local law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
20. General Provisions
21. Supplemental Terms
These Terms apply exclusively to your access and use of the Site and does not alter in any way the terms or conditions of any other agreement you may have with Brown & Streza. Additional terms and conditions (“Supplemental Terms”) may apply to your access and use of a Protected Site or applicable portions of a Site and are incorporated by reference to the extent not conflicting with these Terms. Please carefully review any such additional Supplemental Terms that apply to you.
22. Procedures in the Event of Alleged Copyright Infringement
Brown & Streza respects the intellectual property rights of others and expect users of the Site to do the same. If you believe that any content available on our Site, or other activity taking place on the Site, constitutes infringement of a work protected by copyright, please notify our Designated Copyright Agent, as designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows: Brown & Streza, LLP, ATTN: Copyright Agent, 40 Pacifica, 15th Floor, Irvine, CA 92618, United States, or by email to: [email@example.com]. In your notice, please include the following information (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed and where it is located on the Site with sufficient detail so that we can identify the alleged infringing material; (iii) your contact information; and (iv) the statements and attestations required under the DMCA. Upon receipt of such a notice, we will respond and proceed in accordance with the DMCA.
23. Questions and Feedback
If you have questions about these Terms or any other feedback relating to our Sites, please contact us at: Brown & Streza LLP, ATTN: Site Administrator, 40 Pacifica, 15th Floor, Irvine, CA 92618, United States, or by email at: firstname.lastname@example.org.
Brown & Streza is committed to making its website accessible to people with disabilities, and our goal is to deliver a web experience that is aligned with the Web Content Accessibility Guidelines (WCAG) 2.1.
To ensure a seamless user experience for all our customers, current efforts are focused on delivering digital experiences that:
Are compatible with commonly used screen readers
Have full keyboard operability
Communicate all necessary information without dependency on color
This is to just name a few of the efforts. This is a journey we will forever be committed to as we value each visitor that takes the time to visit our website. Should you have an issue, please call or email us and we will get back to you shortly to make sure your needs are served, and ensure that proper steps are taken so that the problem is not encountered again in the future.